People v. Smith

• Decision Date: 18 February 1994
• Docket Number: No. 1-89-2727,1-89-2727
• Citation: 196 Ill.Dec. 903,630 N.E.2d 1068,258 Ill.App.3d 1003
• Parties: , 196 Ill.Dec. 903 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Verrell SMITH, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

Page 1068

630 N.E.2d 1068

258 Ill.App.3d 1003, 196 Ill.Dec. 903

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Verrell SMITH, Defendant-Appellant.

No. 1-89-2727.

Appellate Court of Illinois First District, Sixth Division.

Feb. 18, 1994.

Ritay A. Fry, Public Defender of Cook County, Chicago (Fred Weill, Asst. Public Defender, of counsel), for defendant-appellant.

Jack O'Malley, State's Atty. of Cook County, Chicago (Renee Goldfarb, James E. Fitzgerald, Janet C. Mahoney, Asst. State's Attys., of counsel), for plaintiff-appellee.

Justice GIANNIS delivered the opinion of the court:

Following a jury trial, defendant, Verrell Smith, was found guilty of one count of first degree murder and of four counts of attempted murder. Defendant was sentenced to concurrent terms of 40 years for the murder conviction and of 30 years for each of the attempted murder convictions. Defendant challenges his murder conviction and sentence, contending that (1) he was arrested without probable cause, (2) the statement he gave to the police was involuntary, (3) a mistrial should have been declared where the prosecutor discriminated against defendant in the use of peremptory challenges to venire members, (4) he was not proven guilty of first degree murder beyond a reasonable doubt, and (5) the 40-year sentence imposed on the murder conviction was excessive considering his age and potential for rehabilitation. Defendant also asserts that the mittimus should be corrected to reflect that he was convicted of four, rather than six, counts of attempted murder.

The record reflects that defendant was 15 years old when he was charged with two counts of first degree murder and with six counts of attempted first degree murder in connection with a shooting which occurred in the Altgeld Gardens housing project. Although defendant was charged along with four codefendants, Alan Robinson, Raymond Lewis, Marcus Crockett, and Marcus Bruce, his motion for severance was granted, and he was tried separately before a jury.

Prior to trial, defendant filed a motion to quash his arrest, asserting that the police lacked probable cause to arrest him. Defendant also filed a motion to suppress evidence, contending that the statement he gave to the police was not knowingly or voluntarily made. The trial court conducted separate hearings on defendant's pretrial motions. At these hearings, codefendants Crockett and Robinson presented similar motions.

At the hearing on his motion to quash arrest, defendant testified that he was asleep in his home at approximately 4 a.m. on December 6, 1987, when some policemen came into his bedroom and awakened him. Defendant testified that one of the officers put a gun to his head, stating that defendant's brains would be blown out if he moved. After defendant stood up, the officers flipped the beds over and searched the bedroom. They then gave defendant some clothes to put on, handcuffed him, and took him downstairs. Defendant testified that his brother was also brought downstairs in handcuffs. The officers took defendant outside to a squad car which was parked in front of his house. Defendant stated that as they left the house, he noticed that the front door had a dent in it as if it had been kicked. Once outside, defendant recognized three people who were sitting in another squad car. According to defendant, these people were William Cage, Brian Jones, and Jimmy Jenkins, and defendant knew these three men lived in the Altgeld Gardens housing project. Thereafter, defendant and his brother were taken to the police station. According to defendant, he was not shown an arrest warrant or a search warrant.

Defendant's mother, Minnie Thomas, testified that defendant was asleep when the police came to their home at approximately 4 a.m. on December 6, 1987. Upon hearing someone beating on the door, Ms. Thomas looked through the window and saw some white men. After the men identified themselves as police officers, Ms. Thomas opened the door to the officers. According to Ms. Thomas, the officers entered the house with their guns drawn and asked for defendant. When Ms. Thomas told them that defendant was in bed asleep, the officers went upstairs, and Ms. Thomas followed them. Ms. Thomas testified that upon entering the bedroom, the officers put guns to the defendant's head and told him to get up and to get dressed. They then searched under the mattress, and Ms. Thomas told them to stop and asked whether they had a warrant. According to Ms. Thomas, the officers then went into another bedroom and took her other son, 21-year-old Vernon Smith, out of bed. The officers handcuffed both of Ms. Thomas' sons and took them out of the house to a police car. Ms. Thomas testified that the officers told her that her sons were being taken to the station for questioning about a shooting, but she was not advised as to the rights of her sons. Despite her request, Ms. Thomas was told by the officers that she could not accompany her son to the police station. Ms. Thomas then got ready and drove to the police station where she stayed until the following morning.

Chicago police detective James Butler testified that he had been assigned to investigate a shooting at the Altgeld Gardens housing project, and after speaking with the beat officers, he learned that the victim, Lamont Reed, had identified the shooter by the name "Spank." Butler also learned that Marcus Bruce was present and had witnessed the shooting. Butler then went to Bruce's home to speak with him and later went to survey the scene of the shooting along with Bruce and his father. At the scene, Butler found six spent .38-caliber casings on the sidewalk. Bruce and his father returned home while Detective Butler continued his investigation.

Thereafter, Butler canvassed the area, including the home of the victim. There, Butler spoke with the victim's brother who said that the victim had been with three friends earlier that evening. The victim's brother then took Butler to the home of Brian Jones where Jimmy Jenkins and William Cage were also present. Jones, Jenkins, and Cage told the detective that they had been with the victim at a party on Block 17 of the housing project. Upon speaking with Jones, Jenkins, and Cage, Butler learned that as these three left the party with the victim, they were shot at by defendant and by codefendants Bruce, Crockett, and Lewis, also known as "Spank." The weapons used by the defendants were described to Butler. According to this description, defendant had used a handgun to shoot at the victim and his companions. The other weapons described included a rifle fired by Lewis ("Spank"), a 12-gauge shotgun fired by Robinson, a handgun fired by Bruce, and a 12-gauge shotgun fired by Crockett.

Detective Butler testified that he asked for the addresses of the people who were involved in the shooting and was first directed to the home of Raymond Lewis. Cage, Jenkins, and Jones agreed to accompany the officers to the home of Raymond Lewis. There, the officers placed Lewis under arrest and recovered a rifle and bullets. Thereafter, Cage, Jones, and Jenkins directed the Butler and his partner to the home of Marcus Crockett. There, the officers placed Crockett under arrest and recovered shotgun shells and .22-caliber bullets. The officers were then directed to the home of Alan Robinson where Robinson was taken into custody. The officers also returned to the home of Marcus Bruce and placed him under arrest. Finally, the officers were directed to the home of defendant.

According to Butler, the officers knocked on the door, identified themselves, and were admitted by defendant's mother. Butler advised defendant's mother that they were there to make an arrest for the shooting that had taken place earlier that night. After defendant's mother said that defendant was in his bedroom, she directed them to that room. The officers placed defendant under arrest and handcuffed him. While defendant got dressed, the officers looked for a gun in his room. Butler advised defendant of his constitutional rights, and defendant stated that he understood those rights. Butler also advised defendant that he could be charged as an adult. According to Butler, defendant's mother was present when defendant placed under arrest. Butler testified that when he was brought outside, defendant was identified by at least two of the three witnesses as the person who shot at them and at the victim with a handgun. Butler stated that Cage, Jenkins, and Jones said they knew defendant because he was a member of a rival gang. Thereafter, defendant was taken to the police station, and Butler gave defendant's mother a business card with the address and phone number of the station on it. Butler denied that defendant's mother asked if she could accompany her son to the station.

Detective Butler stated that he did not recall any officer drawing his weapon in defendant's home. Butler specifically denied that he or any other officer had kicked on any doors to gain entry into defendant's home. Butler also denied that he or any other officer had pressed a gun to defendant's head or said that defendant's brains would be blown out if he moved.

The trial court determined that defendant had been sufficiently identified as being armed with a weapon near the location of the shooting and ruled that the police had probable cause to arrest defendant. Accordingly, the court denied defendant's motion to quash arrest.

Defendant also presented a motion to suppress evidence, asserting that the statement he gave the police while at the police station was not knowingly or voluntarily made.

At the hearing on this motion, Aidan O'Connor testified that she was the assistant State's Attorney assigned to the case. O'Connor questioned defendant at 4:30 p.m. in the presence of Detective Butler and youth officer Hartmann. After that 30-minute interview, she spoke to defendant alone. Defendant made no complaints to her...